RAJENDRA AND COMPANY Vs. G S JUGTI

JUDGEMENT

(1.) Aggrieved by the Award of the Arbitrator, the respondent has filed objections. This case has got a chequered history. Certain disputes arose a petition was filed under Sections 11 and 12 of the Arbitration Act, 1940 before the Additional District Judge. The Additional District Judge framed the following issues: 1) whether the petition has been signed and verified by a competent person and the petition instituted legally? OPP 2) whether the petition is maintainable? OPP 3) whether the petition is within the period of Limitation? OPP 4) Whether the petitioner is entitled to any relief? OPP 5) Whether the Arbitration Clause applies to the facts of this case and invoked lawfully? OPP 6) Whether the contract came to an end on 14/9/1986? OPP 7) Relief.

(2.) However, the Court held that the Contract has already expired and petition was time barred and the same was therefore dismissed.

(3.) Aggrieved by the said order, the petitioner filed a petition being CM(M) 110/94 in this Court wherein this Court observed:-